Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-09-19.xml --- 66 182 Wednesday, September 19, 2001 Contents AID Agency for International Development NOTICES Meetings: International Food and Agricultural Development Board, 48231 01-23305 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Centers Centers for Medicare & Medicaid Services NOTICES Meetings: Medicare Coverage Advisory Committee, 48262-48263 01-23325 Children Children and Families Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 48263-48264 01-23326 Coast Guard Coast Guard RULES Ports and waterways safety: Gulf of Alaska, Narrow Cape, Kodiak Island, AK; safety zone Correction, 48209 01-23340 NOTICES Committees; establishment, renewal, termination, etc.: Prince William Sound Regional Citizens’ Advisory Council, 48309-48310 01-23343 Meetings: National Offshore Safety Advisory Committee, 48310-48311 01-23278 Commerce Commerce Department See Economic Development Administration See Economics and Statistics Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Defense Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48245-48246 01-23283 Drug Drug Enforcement Administration NOTICES Agency information collection activities: Proposed collection; comment request, 48272-48276 01-23270 01-23271 01-23272 01-23273 01-23274 01-23275 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Sigma Equipment Corp. et al., 48231-48232 01-23285 Economics Economics and Statistics Administration NOTICES Senior Executive Service:

Performance Review Board; membership, 48232 01-23281 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; State authority delegations: Washington, 48211-48219 01-23311 Air quality implementation plans; approval and promulgation; various States: Maryland, 48209-48211 01-23222 NOTICES Meetings: FIFRA Scientific Advisory Panel, 48251-48253 01-23312 Pesticide registration, cancellation, etc.: Bayer Corp., 48253-48254 01-23224 Platte Chemical Co. et al., 48254-48256 01-23225 SafeScience, Inc., et al., 48256-48257 01-23090 Reports and guidance documents; availability, etc.:

Trichloroethylene Health Risk Assessment: Synthesis and Characterization; external draft review, 48257-48258 01-23310 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration NOTICES Meetings: Commercial launch industry; government's role; on-line public forum, 48311-48313 01-23420 FCC Federal Communications Commission RULES Television broadcasting: Satellite Home Viewer Improvement Act; implementation— Retransmission consent issues; good faith negotiation and exclusivity; reconsideration petitions denied and clarified, 48219-48220 01-23267 NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 48258-48259 01-23266 Common carrier services: Federal-State Joint Board on Universal Service— High-cost universal service support for non-rural carriers; line count input data update, 48259-48261 01-23269 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 48261 01-23494 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Southwest Power Administration et al., 48246-48251 01-23284 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 48261 01-23277 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Monterey spineflower, 48228-48230 01-23248 Robust spineflower, 48225-48227 01-23249 Scotts Valley spineflower, 48227-48228 01-23247 Food Food and Drug Administration RULES Food additives: Peroxyacetic acid, etc., 48208-48209 01-23263 NOTICES Meetings: Parenteral Drug Association/FDA Viral Clearance Forum; workshop, 48264 01-23264 Forest Forest Service NOTICES Reports and guidance documents; availability, etc.:

Roadless area protection; interim directives; correction, 48231 01-23304 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Grant and cooperative agreement awards: Association of Teachers of Preventive Medicine, 48261-48262 01-23279 Immigration Immigration and Naturalization Service PROPOSED RULES Nonimmigrant classes:

B-1 nonimmigrant visitors for business; building and construction work definition, 48223-48224 01-23327 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See Reclamation Bureau NOTICES Senior Executive Service: Performance Review Board; membership, 48268 01-23338 International International Trade Administration NOTICES Antidumping: Automotive replacement glass windshields from— China, 48233-48242 01-23328 Hot-rolled carbon steel flat products from— Argentina and South Africa, 48242-48244 01-23329 Stainless steel flanges from— India, 48244-48245 01-23330 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service See Parole Commission Labor Labor Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48277-48278 01-23313 01-23314 Minerals Minerals Management Service NOTICES Environmental statements; notice of intent: Outer Continental Shelf, AK— Beaufort Sea oil and gas lease sales, 48268-48271 01-23344 Outer Continental Shelf operations: Gulf of Mexico— Leasing maps and official protraction diagrams, 48272 01-23345 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Six D, Inc., 48279 01-23346 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 48279-48280 01-23306 National Credit National Credit Union Administration RULES Credit unions: Organization and operations— Nondiscrimination in real estate-related lending; advertising and posting, 48205-48206 01-23289 Truth in savings— Disclosures, electronic delivery; uniform standards, 48206-48207 01-23288 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Occupant crash protection— Air bag depowering; performance standard changed; correction, 48220-48221 01-23342 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership National Advisory Board, 48245 01-23444 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 48264-48265 01-23295 Meetings: Endoscopic retrograde cholangiopancreatography for diagnosis and therapy; state-of-the-science conference, 48265-48266 01-23294 National Institute on Aging, 48266-48267 01-23293 National Institute on Deafness and Other Communication Disorders, 48266 01-23291 Scientific Review Center, 48267 01-23292 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic bluefin tuna, 48221-48222 01-23262 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 48280-48281 01-23282 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Alabama, 48231 01-23280 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Exelon Generation Co., LLC, 48281-48282 01-23335 Meetings:

Medical Uses of Isotopes Advisory Committee, 48282 01-23332 Reactor Safeguards Advisory Committee, 48282-48283 01-23333 01-23334 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 48283-48295 01-23209 Parole Parole Commission NOTICES Meetings; Sunshine Act, 01-23413 48276-48277 01-23423 Personnel Personnel Management Office NOTICES Agency information collection activities: Proposed collection; comment request, 48295-48296 01-23300 Submission for OMB review; comment request, 01-23301 48296-48297 01-23302 Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 48297-48299 01-23299 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Citzenship Day and Constitution Week (Proc. 7466), 48319-48320 01-23621 Honoring the victims of the incidents on Tuesday, September 11; amendment (Proc. 7464), 48203 01-23473 Minority Enterprise Development Week (Proc.7467), 48321-48322 01-23622 National Farm and Ranch Safety and Health Week (Proc. 7465), 48315-48318 01-23620 Presidio Presidio Trust NOTICES Environmental statements; availability, etc.:

Presidio Trust Implementation Plan; hearings, 48299 01-23322 Public Public Health Service See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Meetings: Yakima River Basin Conservation Advisory Group, 48272 01-23315 SEC Securities and Exchange Commission NOTICES Joint Industry Plan: National Association of Securities Dealers, Inc. et al., 48299-48301 01-23457 Meetings;

Sunshine Act, 48301 01-23443 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 48301-48304 01-23308 01-23309 New York Stock Exchange, Inc., 48304-48306 01-23307 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* KBL Healthcare, L.P., 48307-48308 01-23297 State State Department PROPOSED RULES Visas; nonimmigrant documentation:

Construction work and B nonimmigrant visa classification, 48224-48225 01-23488 NOTICES Art objects; importation for exhibition: William Beckford, 1760-1844: An Eye for the Magnificent, 48308 01-23337 Meetings: Cultural Property Advisory Committee, 48308 01-23487 International Telecommunications Advisory Committee, 48308 01-23486 Labor Diplomacy Advisory Committee, 48308-48309 01-23336 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: SAMHSA National Advisory Council, 48267 01-23265 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 48309 01-23320 Certificates of convenience and necessity and foreign air carrier permits; weekly applications, 48309 01-23321 Treasury Treasury Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 48313 01-23276 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 48306-48307 01-23324 Separate Parts In This Issue Part II The President, 48203 01-23473 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 66 182 Wednesday, September 19, 2001 Rules and Regulations NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 701 Organization and Operations of Federal Credit Unions AGENCY:

National Credit Union Administration (NCUA). ACTION: Final rule. SUMMARY: NCUA is issuing a final rule that relaxes certain provisions in NCUA's regulations for advertising and posting notice of nondiscrimination in real estate-related lending. The rule provides a federal credit union

(FCU)with flexibility in how it gives notice when advertising and allows an FCU to display either the NCUA lobby poster or a similar poster prepared by the United States Department of Housing and Urban Development. The rule also prohibits advertising with words, symbols, models, or other forms of communication that suggest a discriminatory preference or policy of exclusion in violation of the Fair Housing Act or the Equal Credit Opportunity Act. DATES: This rule is effective October 19, 2001. FOR FURTHER INFORMATION CONTACT: Paul M. Peterson, Staff Attorney, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428 or telephone:

(703)518-6555. SUPPLEMENTARY INFORMATION: A. Background In April 2001, the NCUA Board published a proposed rule to relax certain provisions in NCUA's regulations for advertising and posting notice of nondiscrimination in real estate-related lending. 66 FR 20945, April 26, 2001. The Board issued the proposed rule out of concern that the existing requirements were less flexible than the Fair Housing Act and associated United States Department of Housing and Urban Development

(HUD)guidance require. 42 U.S.C. 3604(c); 24 CFR 109.30(a)

(1995)(removed from CFR by 61 FR 14378, April 1, 1996). This final rule adopts the language of the proposed rule without changes. The existing rule mandates FCUs give notice of nondiscrimination when advertising real estate-related lending through use of a particular logotype and specific language. The final rule replaces the existing rule's specific requirement with a general requirement that FCUs indicate that they do not discriminate on any prohibited basis. The final rule also provides FCUs with various “safe harbor” methods to satisfy this notice requirement. These safe harbor methods are not mandatory. FCUs are free to use any reasonable method to satisfy the requirement. HUD requires that every entity subject to the Fair Housing Act display on its premises a poster containing specific nondiscrimination language. 24 CFR 110.15. Federal financial regulatory agencies may substitute a different poster, and NCUA has done so. 24 CFR 110.25(b); 12 CFR 701.31(d)(2), (3); 54 FR 21963, May 22, 1989. The final rule permits FCUs to display either the NCUA version or the HUD version of the poster. The final rule is similar to the Federal Deposit Insurance Corporation's

(FDIC)nondiscrimination in advertising rule. 12 CFR 338.3. Both this final rule and the FDIC's rule prohibit advertising with words, symbols, models, or other forms of communication that suggest a discriminatory preference or policy of exclusion in violation of the Fair Housing Act or the Equal Credit Opportunity Act. 12 CFR 338.3(b), 12 U.S.C. 1691-1691f. B. Comments NCUA received twelve comments on the proposed rule. The commenters generally supported the proposed rule. Most of the commenters thought the rule would be very beneficial to FCUs and several commended NCUA generally for efforts to reduce regulatory burden on credit unions. None of the commenters recommended changes to the wording of the proposed rule. One commenter did express concern that the proposed rule might encourage some credit unions to design their own disclosure and logotype formats and that this might create confusion and misunderstanding among some FCU members. The Board notes that, although the final rule provides flexibility in exactly how an FCU gives notice of nondiscrimination, it does require that the notice “prominently indicate * * * that the credit union makes such loans without regard to race, color, religion, national origin, sex, handicap, or familial status.” The Board believes an FCU should have the flexibility to design its own notice of nondiscrimination, if it wishes, within the bounds of this requirement. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires the NCUA to prepare an analysis to describe any significant economic effect any regulation may have on a substantial number of small credit unions, meaning those under one million dollars in assets. The NCUA Board has determined and certifies that the final rule will not have a significant economic impact on a substantial number of small credit unions. Accordingly, the NCUA Board has determined that a regulatory flexibility analysis is not required. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. This proposed rule, if adopted, will apply only to federally-chartered credit unions. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this proposal does not constitute a policy that has federalism implications for purposes of the executive order. Paperwork Reduction Act NCUA has determined that the proposed rule does not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. The Treasury and General Government Appropriations Act, 1999—-Assessment of Federal Regulations and Policies on Families The NCUA has determined that this proposed rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the Administrative Procedure Act. 5 U.S.C. 551. The Office of Management and Budget has determined that this final rule is not a major rule for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996. Agency Regulatory Goal NCUA's goal is to promulgate clear and understandable regulations that impose minimal regulatory burden. We requested comments on whether the proposed rules were understandable and minimally intrusive if implemented as proposed. We received no comments specifically directed to whether the rule was understandable. Almost all the commenters agreed that the rule reduced the current regulatory burden on FCUs and so was not intrusive. List of Subjects in 12 CFR Part 701 Credit unions, Fair housing, Signs and symbols. By the National Credit Union Administration Board, on September 13, 2001. Becky Baker, Secretary of the Board. For the reasons stated above, the National Credit Union Administration amends 12 CFR part 701 as set forth below: PART 701—ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS 1. The authority citation for part 701 continues to read as follows: Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, 1784, 1787, and 1789. Section 701.6 is also authorized by 31 U.S.C. 3717. Section 701.31 is also authorized by 15 U.S.C. 1601 *et seq.* ; 42 U.S.C. 1981 and 3601-3619. Section 701.35 is also authorized by 42 U.S.C. 4311-4312. 2. In § 701.31, revise paragraph

(d)introductory text and paragraphs (d)(1) and (d)(2) to read as follows: § 701.31 Nondiscrimination requirements.

(d)*Nondiscrimination in advertising.* No federal credit union may engage in any form of advertising of real estate-related loans that indicates the credit union discriminates on the basis of race, color, religion, national origin, sex, handicap, or familial status in violation of the Fair Housing Act. Advertisements must not contain any words, symbols, models or other forms of communication that suggest a discriminatory preference or policy of exclusion in violation of the Fair Housing Act or the Equal Credit Opportunity Act.

(1)*Advertising notice of nondiscrimination compliance.* Any federal credit union that advertises real estate-related loans must prominently indicate in such advertisement, in a manner appropriate to the advertising medium and format used, that the credit union makes such loans without regard to race, color, religion, national origin, sex, handicap, or familial status.

(i)With respect to written and visual advertisements, a credit union may satisfy the notice requirement by including in the advertisement a copy of the logotype, with the legend “Equal Housing Lender,” from the poster described in paragraph (d)(3) of this section or a copy of the logotype, with the legend “Equal Housing Opportunity,” from the poster described in § 110.25(a) of the United States Department of Housing and Urban Development's

(HUD)regulations (24 CFR 110.25(a)).

(ii)With respect to oral advertisements, a credit union may satisfy the notice requirement by a spoken statement that the credit union is an “Equal Housing Lender” or an “Equal Opportunity Lender.”

(iii)When an oral advertisement is used in conjunction with a written or visual advertisement, the use of either of the methods specified in paragraphs (d)(1)(i) or

(ii)of this section will satisfy the notice requirement.

(iv)A credit union may use any other method reasonably calculated to satisfy the notice requirement.

(2)*Lobby notice of nondiscrimination.* Every federal credit union that engages in real estate-related lending must display a notice of nondiscrimination. The notice must be placed in the public lobby of the credit union and in the public area of each office where such loans are made and must be clearly visible to the general public. The notice must incorporate either a facsimile of the logotype and language appearing in paragraph (d)(3) of this section or the logotype and language appearing at 24 CFR 110.25(a). Posters containing the logotype and language appearing in paragraph (d)(3) of this section may be obtained from the regional offices of the National Credit Union Administration. [FR Doc. 01-23289 Filed 9-18-01; 8:45 am]

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